Either the injured person or the insurer can make an application to CARS for resolution of a dispute. Then the other party will have a chance to reply to that application.

This is general information only; everyone’s situation is different and can be complex. That's why we encourage you to call us on 1800 34 77 88 and we can talk you through which form best suits your needs.

What happens next?

The claims assessment process

After we receive your application or reply form we will review it and in most cases allocate it to a CARS claims assessor.

A CARS claims assessor is an independent lawyer and decision maker with expertise in assessing compensation and resolving disputes in motor accident claims.

After reviewing all of the information, the CARS claims assessor (may) ask you and the other party to take part in an assessment conference.

An assessment conference is a conference-style hearing, where your claim or dispute will be assessed by the claims assessor.

The claims assessor may ask you (and any witnesses) questions about your claim or your dispute.

The claims assessor will also review any additional information and documentation provided and discuss them with you and the insurer.

You may be asked to provide additional information if the claims assessor thinks it's necessary.

After the assessment conference is finished, the claims assessor will consider all the available documentation and make a determination.

The claims assessor will provide a certificate setting out the decision and the supporting reasons. In most cases the certificate and reasons will be sent within three weeks after the assessment conference.

Everyone’s situation is different and the information above is general in nature. We encourage you to contact us and we can talk you through any questions you might have. You can also read these fact sheets:

Either the injured person or the insurer can make an application to the MAS for resolution of a medical dispute. Then the other party will have a chance to reply to that application.

This is general information only; we know everyone’s situation is different and can be complex. That’s why we encourage you to call us on 1800 34 77 88 and we can talk you through which form best suits your needs.

Administrative law challenges to medical assessments

Decisions made by the medical assessor are potentially subject to administrative law judicial review in the NSW Supreme Court. See decisions for more information.

After 1 December 2017

If you had an accident on or after 1 December 2017 your personal injury claim is covered by the Motor Accident Injuries Act 2017.

What is a dispute

A dispute occurs when there is a disagreement with an insurer’s decision.

If you are not happy with the decision from an insurer, most (but not all) will need an Insurer Internal Review (IIR) – ask the insurer how to apply.

If you continue to have a dispute with the insurer about your claim, you may apply to the Dispute Resolution Service (DRS) to assist you reaching a resolution or independent determination of your dispute.

Services provided by DRS

If you disagree with a decision your insurer has made about your claim, DRS can assist in resolving your dispute in one of two ways:

Facilitate the understanding of issues in dispute between insurer and injured persons to mutually resolve these disputes.

Arrange an independent and binding decision by an expert assessor.

DRS assessment services and examples of disputes

While there are many types of issues that may be in dispute, there are four broad categories which DRS uses to categorise and assess your dispute.

A medical dispute can arise if an insurer has made a decision on a medical matter that you disagree with.

This can include a decision on the degree of impairment to earning capacity, permanent impairment, minor injury, and treatment and care needs.

These decisions can have an impact on how your claim progresses (e.g. whether or not your weekly benefit payments continue), and will be determined by a DRS Medical Assessor. A DRS Medical Assessor is an independent health professional with expertise in assessing and determining medical disputes.

When you are injured in a motor accident you may be able to make a claim for damages if you have more than a minor injury and you were not at fault. To check if you are eligible to claim, go to motor accidents injury claims. Claims for damages must be made within three years of the date of the motor accident.

Where injuries are greater than 10% ‘whole person impairment’ a claim for damages can be made at any time.

Where injuries are not greater than 10% ‘whole person impairment', a claim for damages can be lodged 20 months after the accident.

If your insurer has made you an offer of settlement you disagree with, declined your claim for damages (or refused to make an offer), or if you wish to have a settlement approved, you can lodge a DRS application for:

damages claims

exemptions from claims assessment

lump sum settlement approvals (if you are self-represented).

If you do not have a lawyer, any proposed damages claim settlement will need to be approved by an independent DRS Claims Assessor.

Complete the DRS application providing as much detail about your dispute as possible, including when the decision of the insurer was made, what parts of the decision you disagree with, and what you would like the decision to be.

Upload any documents you want to rely on, such as the original decision.

Click here to watch an instructional video on preparing to lodge a dispute application.

If you need more space to list extra documents on your form, use this extra document information form. Continue the numbering and attach it to your application.

If you have any enquiries before submitting, you can call us on 1800 34 77 88

What happens next

Once you've completed and lodged your DRS application:

Notification and Reply: A notification with instructions will be sent to all parties to acknowledge that a DRS application has been received by us. The notification will also give the insurer an opportunity to provide a reply.

View the status of your application: Log back in to view the current status of your application. Click here to watch a brief instructional video on how to identify the current status of your application in the system.

Requesting Information: A Dispute Resolution Officer (DRO) will contact the parties in dispute and may request additional information. The DRO will be your contact for the dispute resolution process. You will be given their contact details and a DRS matter number.

Resolution: The DRO will assist the parties in clarifying and resolving the dispute directly between the parties.

Determination: If no resolution can be reached between the parties, an independent DRS decision maker will be appointed to provide a decision for the issue in dispute.